HFL1501 MCQ BANK

HISTORICAL FOUNDATION OF SOUTH AFRICAN LAW MCQ BANK QUESTIONS ANSWER 1. Which one of the following is an example of an external legal historical event in South African law? The Second British Occupation of the Cape in 1806. 2. The civil-law legal tradition is based on… Roman law 3. Which one of the following statements regarding the application of indigenous African law in South Africa before the constitutional era is correct? Before 1795, indigenous African law and institutions largely continued to exist without interference from Dutch settlers. 4. Which one of the following pieces of legislation never contained a repugnancy clause? The Special Court for Blacks Abolition Act 34 of 1986 5. Which one of the following statements regarding the application of Islamic law in South Africa before the constitutional era is incorrect? In 1906, Gandhi led a passive resistance campaign in the Indian community in the Cape against the pass laws. 6. In AD 535, Emperor Justinian promulgated the codification of Roman law that would later become known as the Corpus Iuris Civilis and that would greatly influence the legal systems of Europe. During which century did this event take place? Sixth century 7. Which one of the following statements regarding the development of Roman law is correct? The Edictum Perpetuum codified all praetorian edicts and stifled the praetor’s contribution to Roman legal development. 8. Which one of the following statements regarding the reception of Roman law in Western Europe is incorrect? Of the medieval law schools, it was the work of the glossators that played the most significant role in the importation of Roman law into the practical administration of justice. 9. The Southern African ius commune forms the common core of the legal systems of those countries that are based on indigenous African law and Roman-Dutch law, as influenced by English law. Which one of the following countries does not share this common legal heritage? Mozambique (countries that share are Namibia, South Africa and Lesotho) 10. Johannes Voet wrote an influential commentary on Justinian’s Digest, in which he gives a comprehensive overview of the entire field of Roman-Dutch law. This work is still referred to by South African courts. What is the title of this work? Commentarius ad Pandectas 11. Which one of the following statements regarding the administration of justice at the Cape from 1652 to 1795 is correct? During the first years of the Dutch settlement, the governor was in charge of law and order. 12. Which one of the following statements regarding the South African Law Reform Commission (SALRC) is correct? The SALRC has achieved much in the harmonisation of Western common law and indigenous African law in South Africa. 13. Which one of the following pieces of apartheid legislation created segregated urban areas for different races and later led to forced removals and the uprooting of thousands from their homes? The Group Areas Act of 1950 14. During the apartheid era, the international community recognised the standing and the role of the national liberation movement in South Africa. Which one of the following statements is not correct? In 1963, Chief Albert Luthuli made his first public statement on the role and “supreme effort” of the UN in dismantling apartheid and South Africa’s racist policies. 15. Which document, adopted in 1943 by the ANC in Bloemfontein, was inspired by the The Africans’ Claims